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Slide for Transboundary Harm (IlC Draft says (Duty not to cause harm is…
Slide for Transboundary Harm
How to know it
Trans boundary harm refers to anything which emanated from national sources
IlC Draft says
Duty not to cause harm is unconditional
ON watercourse
US ex gratia gives
Japanese fishermen , compensation
Breaching an international obligation
Entails a duty for compensation
Widely Acclaimed Trail Smelter passage
under the principles of international law, as well as of the law of the United
States, no State has the right to use or permit the use of its territory in such
a manner as to cause injury by fumes in or to the territory of another or the
properties or persons therein, when the case is of serious consequence and the
injury is established by clear and convincing evidence
Lake Lanoux
Lake lanoux's argument , as that is is noted in Hanqin Xi 's book , is more than relevant
Lines from
Lotus case ,as those are commented in Xi's book
Proof of actual injury and evidence of causation
Polluter Pays
States that the state that is causing a pollution should make compensation then
Principled call was first made in Trail Smelter Case
ILC's Draft
Harm definition is not addressing the modern claim for Trans-boundary Harm
Core Concepts
Strict Liability
Due Dillegence
Duty to prevent Harm
A part of this